Deck 14: Legal Liabilities of Law Enforcement Officers

Question 1

By 1970, which of the following ideas did not dominate thinking about sentencing?

A) Sentencing should have rehabilitation of the offender at least as a partial goal.
B) Repeat career criminals require severe punishment to incapacitate them.
C) Many offenders deserve severe punishment because they have committed serious
Crimes.
D) All crimes deserve some punishment to retain the deterrent potency of the criminal law.

Answer 1

A

Question 2

Which of the below was not among the reasons for repeal of mandatory minimum sentences for drug offenses in the early 1970s?

A) alienation of youth from general society
B) belief that the war on drugs was ending
C) hampering the rehabilitation of drug offenders
D) reduction of the deterrent of drug laws, because even prosecutors thought the
Penalties were too harsh

Answer 2

B

Question 3

Fixed (determinate) sentencing:

A) is currently the only form of sentencing in all jurisdictions in the U.S.
B) is currently not in favor in any U.S. jurisdiction
C) shares the stage with indeterminate sentencing but is being adopted by more and more jurisdictions
D) is only found in mandatory minimum statutes

Answer 3

C

Question 4

In sentencing guidelines:
I) a commission establishes a range of penalties from which judges are to choose a specific sentence.
II) the seriousness of the crime is a major determinant of the sentence.
III) the offender's criminal history is a major determinant of the sentence.
IV) judges can depart from the guidelines, but must provide a reason for the departure.

A) I, II, III, IV
B) I, II, III
C) I, II
D) I, IV

Question 5

Sentencing guidelines are a response to demands from both experts and the public for:
I) uniformity in sentencing.
II) certainty and truth in sentencing.
III) increased rehabilitation of offenders.
IV) retribution, deterrence and incapacitation.

A) I, II, III, IV
B) I, II, III
C) I, II, IV
D) I, II

Question 6

Mandatory minimum sentences:
I) require offenders convicted of the offense to serve a non-discretionary amount of prison time.
II) allow judges to sentence offenders to more than the minimum.
III) promise "if you do the crime, you will do the time."
IV) are very old.

A) I, II, III, IV
B) I, III, IV
C) I, III
D) I

Question 7

Sentences determined under sentencing guidelines are based primarily on:

A) combination of the seriousness of the crime and the offender's age.
B) combination of the seriousness of the crime and the harm caused to the victim.
C) combination of the offender's criminal history and whether the crime was violent.
D) combination of the seriousness of the crime and the offender's criminal history.

Question 8

Which of the following is not considered mitigating circumstances in death penalty cases?

A) killing to avoid arrest
B) no significant prior criminal record
C) minor participant in the murder
D) youth at the time of the murder

Question 9

In Lockyer v. Andrade (2003), the Supreme Court held that a 25-year to life sentence for petty theft under the state's three strikes law:

A) violated the Constitution because it was disproportionate to Andrade's crime.
B) did not violate the Constitution and is justified by the state's interest in incapacitating and deterring repeat offenders.
C) violated the Constitution because it was cruel and unusual punishment.
D) did not violate the Constitution because the Eighth Amendment doesn't apply to state sentences.

Question 10

Throughout American history, which of the following institutions have exercised sentencing power?
I) police
II) legislatures
III) the judiciary
IV) administrative agencies

A) I, II, III, IV
B) I, II, III
C) III, IV
D) II, III, IV

Question 11

Which of the following would not be considered an aggravating factor in a death penalty case?

A) prior conviction of a misdemeanor
B) killing to avoid arrest
C) felony murder
D) killing during escape from lawful custody

Question 12

In Apprendi v. New Jersey (2000), the Supreme Court ruled that:

A) a judge can find by a preponderance of the evidence that a defendant committed a crime for a "racial purpose" in order to extend the term of the defendant's sentence.
B) a judge can find facts that by law can increase a defendant's sentence.
C) any fact (other than a prior criminal conviction) that can increase a defendant's sentence beyond the statutory maximum must be decided by a jury beyond a reasonable doubt.
D) facts that can increase a defendant's sentence beyond the statutory maximum must be found by a judge and confirmed by a jury.

Question 13

The aims of criminal punishment that mandatory minimum sentences attempt to satisfy include:
I) retribution.
II) rehabilitation.
III) incapacitation.
IV) deterrence.

A) I, II, III, IV
B) I, III, IV
C) I, IV
D) I

Question 14

In the U.S. indeterminate sentencing was the dominant form of sentencing until the 1970s, when several forces came together to oppose it. These forces included:
I) reformers concerned about harsh, fixed sentences.
II) public discontent with rehabilitation.
III) individual rights advocates who opposed the informal discretionary power of
Judges.
IV) increased demands for formal accountability throughout the criminal justice system.

A) I, II, III, IV
B) II, IV
C) I, III
D) II, III, IV

Question 15

All of the following are true about the history of sentencing except:

A) the concern over judicial discretion in sentencing has an ancient heritage.
B) fixed sentencing prevailed from the 1600s until the latter part of the 1800s.
C) a shift toward indeterminate sentences began in the latter part of the 1800s.
D) in the 20^th century, fixed sentences totally dominated criminal sentencing.

Question 16

Concerning mandatory minimum sentencing laws, evaluations conducted by the U.S. Sentencing Commission found that:
I) mandatory minimum sentences actually introduce disparity in sentencing.
II) mandatory minimum sentences eliminate discretion.
III) very few mandatory minimum sentencing provisions are ever used.
IV) offenders sentenced to mandatory minimum sentences have higher recidivism
Rates.

A) I, II, III, IV
B) I, II, III
C) I, III
D) III

Question 17

According to the U.S. Supreme Court, the death penalty is not cruel and unusual punishment if:

A) it is automatically applied to all murderers.
B) any aggravating circumstances can support it.
C) there is a review procedure to ensure against discriminatory application.
D) judges and juries both agree in a particular case that death is appropriate.

Question 18

A majority of the U.S. Supreme Court Justices agree that the principle of proportionality applies to:

A) death sentences.
B) sentences leading to imprisonment.
C) death sentences and sentences leading to imprisonment.
D) sentencing leading to imprisonment and probation.

Question 19

In Blakely v. Washington (2004), the Supreme Court decided:

A) that Washington's sentencing guidelines violated the Sixth Amendment because they allowed a judge to find facts that allowed her to extend a defendant's sentence beyond the maximum sentence.
B) that Washington's sentencing guidelines do not violate the Constitution because Blakely plead guilty.
C) that states cannot enact sentencing guidelines under the U.S. Constitution.
D) that Washington's guidelines provided a punishment that is disproportionate to the offense.

Question 20

Which of the following types of crimes are the main targets of mandatory minimum sentencing?
I) drug offenses
II) theft offenses
III) crimes committed with a weapon
IV) regulatory crimes

A) III
B) I, II, III, IV
C) I, II
D) I, III

Question 21

In Booker v. U.S., the Supreme Court ruled that the Federal Sentencing Guidelines:

A) are advisory, but enjoy a presumption of reasonableness
B) are advisory and judges can depart without explanation
C) are mandatory for all federal crimes
D) are mandatory for certain serious felonies

Question 22

The Burger and Rehnquist Courts:

A) seem to have adopted a narrow view of the Habeas Corpus Act of 1867.
B) seem to have adopted a broad view of the Habeas Corpus Act of 1867.
C) have declared the Habeas Corpus Act of 1867 unconstitutional.
D) have not decided any cases dealing with the Habeas Corpus Act of 1867.

Question 23

A federal habeas corpus proceeding:
I) is a civil action.
II) begins with the U.S. Supreme Court.
III) challenges the lawfulness of imprisonment.
IV) is a trial of the defendant's guilt.

A) I, II, III, IV
B) I, II, III
C) I, III
D) IV

Question 24

During the Warren Court era of the Supreme Court, the Court:

A) took a narrow view of the Habeas Corpus Act of 1867.
B) took a broad view of the Habeas Corpus Act of 1867.
C) declared the Habeas Corpus Act of 1867 unconstitutional.
D) did not decide any cases dealing with the Habeas Corpus Act of 1867 .

Question 25

According to the Supreme Court, states:

A) must allow one appeal as a matter of right in all criminal cases.
B) must allow one appeal as a matter of right in all felony cases.
C) must allow one appeal as a matter of right in all criminal cases to which the right
To a jury trial attaches.
D) need not provide any appeal at all.

Question 26

By the early 1970s, there was a consensus among law enforcement officials, prisoners' groups, reformers, and bureaucrats that indeterminate sentencing should be replaced with a more determinate sentencing system.

Question 27

Throughout history, fixed sentences have totally dominated criminal sentencing.

Question 28

Fixed sentencing has two primary forms - sentencing guidelines and discretion.

Question 29

Which of the following are examples of a consequence that would probably fall within the collateral consequences exception to the mootness doctrine?
I) loss of reputation
II) loss of a professional license
III) rejection for admission to a professional school
IV) loss of employment

A) I, II, III, IV
B) II, III, IV
C) I, II, IV
D) II, III

Question 30

The writ of habeas corpus:

A) dates back to the 1867 Habeas Corpus Act.
B) is not mentioned in the U.S. Constitution.
C) has a long and distinguished history and protected Englishmen from tyrannical English kings.
D) has not been addressed by the U.S. Supreme Court in many opinions.

Question 31

After conviction, a criminal defendant is still presumed not guilty during the appeal process.

Question 32

The Warren Court:

A) adopted a broad view of the Habeas Corpus Act of 1867.
B) adopted a narrow view of the Habeas Corpus Act of 1867.
C) declared the Habeas Corpus Act of 1867 unconstitutional.
D) did not any cases dealing with the Habeas Corpus Act of 1867.

Question 33

Indeterminate sentencing requires a judge to impose a nondiscretionary minimum period of incarceration that everyone convicted of that crime must serve.

Question 34

Those in favor of limiting the use of habeas corpus appeals often use which of the following interests to support their position?
I) finality of decisions
II) certainty in decisions
III) federalism
IV) burden on federal judicial resources

A) I, II, III, IV
B) I, II, IV
C) IV
D) I, IV

Question 35

The writ of certiorari:

A) requires the Supreme Court to hear and decide a case.
B) is a request to a court to decide on the legality of a prisoner's incarceration.
C) is a discretionary writ, which allows the Supreme Court to either agree or not
Agree to hear and decide a case.
D) mandates a party to turn over evidence to the other party in the case.

Question 36

Research shows that:

A) Whites who kill blacks are more likely to receive the death penalty.
B) Blacks and Whites who kill Whites are more likely to receive the death penalty than either Blacks who kill Blacks or Whites who kill Blacks.
C) Blacks who kill Blacks are just as likely to receive the death penalty as Whites who kill Blacks.
D) The race of the victim does not affect the likelihood of an offender receiving the death penalty.

Question 37

A state prisoner who seeks review of his case under a writ of habeas corpus in federal court can obtain review only if his claim:

A) is that he is innocent of the crime of which he was convicted.
B) is based on an alleged violation of a federal constitutional or statutory right.
C) is a search and seizure claim.
D) is a claim of ineffective assistance of counsel.

Question 38

An appeal from a trial court's judgment of conviction:

A) is considered a direct attack.
B) can be taken multiple times.
C) can only be taken if the trial court certifies there are important issues for the
Higher court to hear.
D) is the equivalent of habeas corpus.

Question 39

According to the collateral consequences exception:

A) if a defendant has plead guilty, he or she cannot appeal their case.
B) offenders who have completed serving their sentence cannot appeal.
C) if a defendant might suffer legal consequences from a criminal conviction, then their case is not moot even if they have served their sentence.
D) if defendants don't raise their objections at trial, they give up their right to appeal.

Question 40

According to the raise or waive doctrine, a defendant must make objections at trial in order to preserve those issues for appeal is called the:

A) judicial economy doctrine.
B) collateral consequences doctrine.
C) habeas corpus doctrine.
D) mootness doctrine.

Question 41

The traditional legal doctrine which held that criminal cases could not be appealed if the sentence had been satisfied is called the __________.

Question 42

Justices on the U.S. Supreme Court are divided on whether the proportionality principle applies to sentences of imprisonment.

Question 43

The ______________ of 1996 substantially amends and narrows the federal habeas corpus rights of both state and federal prisoners.

Question 44

In the case Apprendi v. New Jersey (2000), the Supreme Court ruled that any fact that increases the penalty for a crime beyond what is provided as the statutory maximum punishment (with the exception of the fact that the defendant has a prior criminal conviction), must be submitted to the jury and proved beyond a reasonable doubt.

Question 45

Not every state has created a statutory right to appeal a criminal conviction.

Question 46

In the case Lockyer v. Andrade (2003), the Supreme Court ruled that it was a violation of
the Eighth Amendment's cruel and unusual punishment clause to sentence Andrade to 25 years to life imprisonment for petty theft under the state's three strikes law.

Question 47

Every state jurisdiction has created a statutory right to appeal.

Question 48

Parole boards and prison administrators determine the exact release date within sentences prescribed by judges and legislatures in the __________.

Question 49

Legislatures prescribe specific penalties that judges and administrative agencies cannot alter in the __________.

Question 50

Proceedings which attack the trial court's judgment of conviction as part of the same case are __________.

Question 51

____________________ relies heavily on the discretion of judges and parole boards in exercising sentencing authority.

Question 52

Statistics indicate that there is a pronounced racial disparity in death sentences.

Question 53

A defendant's youthful age at the time he committed a murder is considered an aggravating factor in most death penalty sentencing statutes.

Question 54

Mandatory minimum sentences shift discretion from judges to prosecutors.

Question 55

According to the broad view of habeas corpus, the 1867 Habeas Corpus Act authorizes courts to review the entire state proceeding to determine if there was a violation of a defendant's constitutional rights.

Question 56

Judges prescribe sentences within broad formal contours set by legislative acts in the __________.

Question 57

The rule that an alleged error at trial may be raised on appeal even if the error was not objected to at trial so long as it was a clear error affecting substantial rights and causing manifest injustice is called __________.

Question 58

Research indicates that mandatory minimum sentences actually introduce disparity in sentencing.

Question 59

A type of fixed sentence that prescribes a non-discretionary amount of prison time that all offenders convicted of the offense must serve is ___________________________.

Question 60

_________ demands that government justify the detention and incarceration of prisoners.

Question 61

List and summarize the five main findings of empirical research on the effectiveness of mandatory minimum sentences.

Question 62

Summarize the limits on the rights of offenders at sentencing, and explain the reasons for the limits.

Question 63

Identify the nature and circumstances of the right to appeal a conviction.

Question 64

Compare and contrast sentencing guidelines and mandatory minimum sentences. Also identify three aims of both sentencing guidelines and mandatory minimum sentences.

Question 65

Describe the progress through direct appeal and collateral attack.